Averting Robot Eyes

Home robots will cause privacy harms. At the same time, they can provide beneficial services—as long as consumers trust them. This Essay evaluates potential technological solutions that could help home robots keep their promises, avert their eyes, and otherwise mitigate privacy harms. Our goals are to inform regulators of robot-related privacy harms and the available technological tools for mitigating them, and to spur technologists to employ existing tools and develop new ones by articulating principles for avoiding privacy harms. We posit that home robots will raise privacy problems of three basic types: (1) data privacy problems; (2) boundary management problems; and (3) social/relational problems. Technological design can ward off, if not fully prevent, a number of these harms. We propose five principles for home robots and privacy design: data minimization, purpose specifications, use limitations, honest anthropomorphism, and dynamic feedback and participation. We review current research into privacy-sensitive robotics, evaluating what technological solutions are feasible and where the harder problems lie. We close by contemplating legal frameworks that might encourage the implementation of such design, while also recognizing the potential costs of regulation at these early stages of the technology

The Benefits and Costs of Online Privacy Legislation

Many people are concerned that information about their private life is more readily available and more easily captured on the Internet as compared to offline technologies. Specific concerns include unwanted email, credit card fraud, identity theft, and harassment. This paper analyzes key issues surrounding the protection of online privacy. It makes three important contributions: First, it provides the most comprehensive assessment to date of the estimated benefits and costs of regulating online privacy. Second, it provides the most comprehensive evaluation of legislation and legislative proposals in the U.S. aimed at protecting online privacy. Finally, it offers some policy prescriptions for the regulation of online privacy and suggests areas for future research. After analyzing the current debate on online privacy and assessing the potential costs and benefits of proposed regulations, our specific recommendations concerning the government's involvement in protecting online privacy include the following: The government should fund research that evaluates the effectiveness of existing privacy legislation before considering new regulations. The government should not generally regulate matters of privacy differently based on whether an issue arises online or offline. The government should not require a Web site to provide notification of its privacy policy because the vast majority of commercial U.S.-based Web sites already do so. The government should distinguish between how it regulates the use and dissemination of highly sensitive information, such as certain health records or Social Security numbers, versus more general information, such as consumer name and purchasing habits. The government should not require companies to provide consumers broad access to the personal information that is collected online for marketing purposes because the benefits do not appear to be significant and the costs could be quite high. The government should make it easier for the public to obtain information on online privacy and the tools available for consumers to protect their own privacy. The message of this paper is not that online privacy should be unregulated, but rather that policy makers should think through their options carefully, weighing the likely costs and benefits of each proposal.

Reasonable Expectations and the Erosion of Privacy

This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract or (at least in theory) expand in accordance with changing social expectations. This expectation-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is susceptible to encroachment at the hands of large institutional actors who can control this marketplace by affecting social practices

Filtering, Piracy Surveillance and Disobedience

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players have opted in favor of “tolerated use,” a term coined by Professor Tim Wu to denote the allowance of uses that may be otherwise infringing, but that are allowed to exist for public use and enjoyment. Thus, while the eventual specter of copyright enforcement and monitoring remains a pervasive digital reality, the market may fuel a broad degree of consumer freedom through the toleration or taxation of certain kinds of activities. This Article is meant largely to address and to evaluate these shifts by drawing attention to the unique confluence of these two important moments: the growth of tolerated uses, coupled with an increasing trend towards more passive forms of piracy surveillance in light of the balance between copyright enforcement and civil liberties. The content industries may draw upon a broad definition of disobedience in their campaigns to educate the public about copyright law, but the market’s allowance of DRM-free content suggests an altogether different definition. The divide in turn between copyright enforcement and civil liberties results in a perfect storm of uncertainty, suggesting the development of an even further division between the role of the law and the role of the marketplace in copyright enforcement and innovation, respectively

Visual Privacy Protection Methods: A Survey

Recent advances in computer vision technologies have made possible the development of intelligent monitoring systems for video surveillance and ambient-assisted living. By using this technology, these systems are able to automatically interpret visual data from the environment and perform tasks that would have been unthinkable years ago. These achievements represent a radical improvement but they also suppose a new threat to individual’s privacy. The new capabilities of such systems give them the ability to collect and index a huge amount of private information about each individual. Next-generation systems have to solve this issue in order to obtain the users’ acceptance. Therefore, there is a need for mechanisms or tools to protect and preserve people’s privacy. This paper seeks to clarify how privacy can be protected in imagery data, so as a main contribution a comprehensive classification of the protection methods for visual privacy as well as an up-to-date review of them are provided. A survey of the existing privacy-aware intelligent monitoring systems and a valuable discussion of important aspects of visual privacy are also provided.This work has been partially supported by the Spanish Ministry of Science and Innovation under project “Sistema de visión para la monitorización de la actividad de la vida diaria en el hogar” (TIN2010-20510-C04-02) and by the European Commission under project “caring4U - A study on people activity in private spaces: towards a multisensor network that meets privacy requirements” (PIEF-GA-2010-274649). José Ramón Padilla López and Alexandros Andre Chaaraoui acknowledge financial support by the Conselleria d'Educació, Formació i Ocupació of the Generalitat Valenciana (fellowship ACIF/2012/064 and ACIF/2011/160 respectively)

Riley v. California and the Stickiness Principle

In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question of whether cell phone searches incident to a lawful arrest were constitutional. The Court, which had clung to pre-digital concepts such as physical trespass well into the twenty-first century, appeared ready to explore how technology is reshaping historically understood conceptions of privacy. From a broader perspective, the case offers an initial step in reconciling pre-digital rules based on outdated spatial conceptions of physical things with the changing realities of a technology driven world

Managing U.S-EU Trade Relations through Mutual Recognition and Safe Harbor Agreements:"New" and "Global" Approaches to Transatlantic Economic Governance?

governance; regulation; regulations; regulatory competition; directives; implementation; WTO

Online social networking, order and disorder

Whilst online social networking has been used successfully for many years by all strata of the world’s population, its use to ferment and prevent civil disturbances is a relatively new phenomenon. It is clear that the way in which online social networking sites are being used is evolving, and that changing user perceptions of online privacy may impact on the ability of the law enforcement community to adapt to new methods of monitoring and evidence gathering. This paper focuses primarily on the London riots of August 2011, and as such discusses legal issues from a UK perspective. However, the matters discussed are of relevance worldwide, with reference made to similar events outside the UK, to show that what occurred in London was not an isolated incident, or a quirk of the UK social networking scene. This paper explores what occurred, the platforms that were used and how they were used, and the legal framework in which investigations took place. It examines the use of social networking to organise rioters, support community defence, and shape the response of law enforcement agencies such as the police, government and the courts. It concludes that there is significant potential for problems of this type to occur in the future, which will require the evolution of law enforcement methods and procedures, and could change the way in which the law enforcement community utilise e-Government systems